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Do I Have Any Problem for the I-485 Application?

Dr. William:

I have worked less than 2 months without valid H visa or work permit due to my H1B visa renew mistake made by my previous employer. Now I plan to apply for I-485 application. Do I have any problem for the I-485 application?

A: An alien is eligible for I-485 application under 245(k), if the unauthorized stay relating to the unauthorized employment did not last 180 days or longer "since the last admission" to the United States. Accordingly, if the unauthorized employment lasted less than 180 days, the USCIS may approve the I-485 application based on 245(k) provision.

In your case, the unauthorized employment lasted less than 180 days since your last admission to the United States, and the 245(k) relief would be available, and the USCIS should not deny your I-485 application.




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